Peters v. Crittenden
Texas Supreme Court
Error from Bowie. This was a suit by Crittenden against Peters as maker and Vandyke as indorser of a promissory note. The petition averred that Peters resided in the county of Bowie, and that Vandyke resided in the county of Bed Biver. The note, was annexed to and made a part of tlie petition.
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Error from Bowie. This was a suit by Crittenden against Peters as maker and Vandyke as indorser of a promissory note. The petition averred that Peters resided in the county of Bowie, and that Vandyke resided in the county of Bed Biver. The note, was annexed to and made a part of tlie petition. A citation was issued in the usual form, commanding the sheriff of the county of Bowie to summon Peters to appear, &c., to “answer the petition of Crowins Crittenden exhibited against said Lemuel Peters and Lambert D. Vandyke,” &c. A similar citation was issued commanding the sheriff of the county of…
1Opinion of the Court
Hemphill, Ch. J.
The plaintiffs in error assign eight grounds for the reversal of the judgment, no one of which appears to be well taken.
There may, perhaps, be some irregularity in not taking an interlocutory judgment by default against Vandyke, who did not appear, but the stature provides only that this may be done, and not positively that it shall be entered. The statute also declares that but one final judgment shall be given in the suit. (Art. 706, Dig.) When this is done, the rendition of tlie prior interlocutory judgment becomes immaterial. If it be error, it is one of which the…
2Cited by8 opinions
- Beham v. GhioCourt of Appeals of Texas · 1889
- Caldwell v. BrownTexas Supreme Court · 1875
- Business Men's Mutual v. LockhartCourt of Appeals of Texas · 1927
- Herold v. CoatesNebraska Supreme Court · 1911
- Commercial Corp. v. KruegerOregon Supreme Court · 1927
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